1. Assumption of All Risks of Participation. I acknowledge my participation in the Course may expose me to various risks and dangers. I acknowledge I have had an opportunity to ask questions regarding the Course and my participation, and any questions I have asked have been answered to my complete satisfaction. I hereby assume all risks associated with my participation in the Course.
2. Release of Liability. To the fullest extent possible pursuant to applicable law, I hereby knowingly and voluntarily release AAPM&R and its affiliates, directors, officers, employees, agents, volunteers, other representatives and contractors from all liability of kind resulting from, arising out of, or in any way related to my participation in the Course. This is a comprehensive release of liability that applies to all damages and losses of any kind whatsoever including, but not limited to, direct, indirect, general, special, incidental, consequential, exemplary, statutory, contractual, or damages and losses of any other kind or type. This release of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other theory and even if AAPM&R or its affiliates, directors, officers, employees, agents, volunteers, other representatives or contractors knew or should have known of the possibility of such liability.
3. Waiver of Claims. To the fullest extent possible pursuant to applicable law, I hereby knowingly and voluntarily waive any and all claims, demands, actions, and causes of action of any kind, known or unknown, that I have or may have in the future directly or indirectly against AAPM&R and/or its affiliates, directors, officers, employees, agents, volunteers, other representatives or contractors resulting from, arising out of, or in any way related to my participation in the Course.
4. Defense, Indemnification, and Hold Harmless. I hereby agree to defend, indemnify, and hold harmless AAPM&R and its affiliates, directors, officers, employees, agents, volunteers, other representatives or contractors against any and all claims, demands, actions, causes of action, losses, damages, and expenses including reasonable attorney’s fees and costs incurred in defending such claims directly or indirectly resulting from, arising out of, or in any way related to my participation in the Course.
5. Publicity Release. I acknowledge the Course may be photographed, recorded and/or broadcast and, as a Course participant, I may appear in these images, recordings and/or broadcasts. I hereby grant AAPM&R an unconditional, worldwide, fully transferable, fully sub-licensable, perpetual, irrevocable, royalty free right (but not the obligation) to use my name and/or image in all forms and media now known of or hereinafter created including composite or modified representations for all purposes including, but not limited to, advertising, trade and commercial purposes. I knowingly and voluntarily waive the right to inspect or approve versions of my name and/or image used by AAPM&R.
6. Medical Care Disclaimer. I acknowledge my participation in the Course: (i) is solely for demonstration purposes; (ii) is not intended as and does not constitute medical care or medical treatment; and (iii) will not result in a medical diagnosis. I represent and warrant I am not seeking a medical diagnosis, medical care, or medical treatment in connection with my participation in the Course and do not consider myself to be a medical patient. I acknowledge no doctor-patient or other medical professional-patient relationship is intended or shall result from my participation in the Course. I acknowledge that, in connection with my participation in the Course, I will not enjoy, and represent I do not expect to enjoy, any of the rights and privileges of a medical patient including, but not limited to, those related to informed consent and privacy. I acknowledge that I would not be allowed to participate in the Course if I was seeking a medical diagnosis, medical care, or medical treatment. I hereby knowingly and voluntarily waive all claims contrary to the representations I make in this paragraph.
7. Compensation or Reimbursement of Expenses. I acknowledge that, in consideration for my participation in the Preconference Course and my execution of this Release, I will receive the following: Complimentary access to the Preconference Course.
8. Choice of Law and Forum. This Release shall be governed by and construed in accordance with the substantive laws of the State of Illinois, excluding its choice of law rules. Any claim or dispute related to, connected with, or arising out of this Release or my participation in the Course shall reside in the courts of the State of Illinois and in particular in either the Cook County Circuit Court or the United States District court of Northern Illinois.
9. Severability. If any provision of this agreement is invalidated or held unenforceable, the invalidity or unenforceability of that provision shall not affect the validity or enforceability of any other provision of this Release. In addition, as to any provision found to be invalid or unenforceable as written in this agreement, the same shall not be void, but rather shall be reformed and enforced to the maximum extent permissible under applicable law, as if originally executed in that form by the parties.
10. Drafting and Construction. No inference or presumption shall arise against or in favor of me or AAPM&R because we did or did not draft this release or any provision hereof.
11. Entire Agreement. There are no representations, understandings, or agreements between me and AAPM&R with respect to the subject matter of this Release, other than this Release. All prior agreements, if any, with respect to the subject matter of this Release, verbal or written, are no longer effective once this Release is executed.